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What Constitutes Emotional Injury in a Malpractice Case?

Emotional injury is the concept that an individual’s personality or psychological capacity to function has been impaired due to someone’s careless actions. That is, the patient trusted the physician or medical professional to not deliver harm while they were under their medical care, but wound up injured regardless. A medical professional has a duty of care for their patients, and is required to adhere to their training in the provision of that care. When a medical professional acts carelessly or engages in a treatment or procedure that’s outside the norms, they can cause emotional injury as well as physical injury to their patient. A medical malpractice lawyer may need to be consulted in this type of situation.

An emotional injury doesn’t come with physical signs that indicate something has happened to their way of thinking, speaking, and acting.

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Instead, it’s an invisible injury that has to be assessed with the help of a mental health professional. Consulting with a medical malpractice lawyer can help the injured party and their loved ones learn more about what an emotional injury consists of, if there’s a viable lawsuit, and if damages can be sought for the injury caused by the medical professional. At no time does a patient undergo medical treatment to correct a condition only to come out of it with injuries, and a medical malpractice lawsuit may be the only way to address the issue.

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